Marsden v Amalgamated Television Services Pty Limited

HIS HONOUR: A Notice to Produce dated 1 March 1999 was served by the defendant on the plaintiff on that day requiring the production at Court today, 2 March, at 2.00pm of the following: " All documents relating to a...allegation made against the plaintiff ".

The plaintiff moves to set aside the Notice to Produce.

One ground of objection to my mind having safely now been removed by the insertion of the time frame, I am not persuaded as to the additional basis of fishing.

The Notice to Produce is quite focused as to the time frame, as to the class of documents, as to the relevant parties; the maker of the document and the recipient of it, that is both parties to the communication, and in particular the conduct of the Police Service in relation to a particular person (D17). The " and/or " does not create a problem if one realistically views it as a substitute for a Notice to Produce in two paragraphs one relating to the Police and relating to the Ombudsman.

I decline to set the Notice to Produce aside and compliance with it will stand over until further order.